Very worried about child with nanny - any advice? Long post!!

FOUND IT!!!!!

In the citizens advice handbook unfair dismissal is classed as unfair if on grounds of
*pregnancy or maternity leave
*trying to enforce a legal right
*for taking action over health & safety
*If you work in a shop or a betting worker& refuse to work sundays
*for carrying out your duties as a trustee of an occupational pension fund
*because you are a trade union member or have taken part in trade union activities
*because you have "blown the whistle!"on a matter of public concern at work

After A YEAR: *If your employer hasnot followed proper dismissal or disciplinary proceedures before dismissing you
*If the dismissal is the result of the business you work for having been taken over by a new owner
*if the dismissal is as a result of not declaring a spent conviction

IF THE REASON FOR DISMISSAL WAS NOT ONE IN THE FIRST STEP YOU WILL HAVE HAD TO WORK FOR YOUR EMPLOYER FOR ONE YEAR IN ORDER TO MAKE A CLAIM TO AN EMPLOYMENT TRIBUNAL

PP you are doing the right thing, hope the call goes well.

If putting a spoon of food in a child's mouth when the child already had food in their mouth, was listed in PP's contract under Gross Misconduct, then the nanny could have been sacked without notice pay.

The contract did not say that... as with a lot of contracts, the Gross Misconduct section did not include many examples.

PP's contract said (quoting from a previous post)
"My gross misconduct is said to include: theft, drunkeness, illegal drug taking, use of physical punishment, child abuse. "

It is only possibly under the last of those that force feeding could be placed. But Child Abuse on it's own I do not feel is sufficient as an example of Gross Misconduct. It could mean: charged with child abuse (eg, neglect). Or it could mean, the child is at risk of significant harm (see here for some info about what is meant by 'significant harm').
Gross Misconduct section of a written statement should list examples of what the employer feels is sufficiently unacceptable behaviour to warrant suspension on pay pending an investigation, leading to dismissal without notice pay. Two words is not enough in my view.

This contact I located earlier today, it was for someone being employed as a carer - so in many ways it is similar to a nanny contract. The Gross Misconduct section of that specimen contract is much more detailed. It gives at least 10 examples, thus I feel it establishes a general theme - and if any of those examples were to happen, the employee knows that they would face immediate suspension, probably resulting in dismissal.

I don't work in HR or a legal profession. So my view is that of a nanny, and employee. You may not agree with my view... world would be a horrible place if we all agreed all the time.

Has your nanny been given any prior warnings either verbal or written?

I thought most standard contracts stated instant dismissal for gross misconduct?

many agecnies offer temp nannies while you wait for mary p - esp if they are in a job/have to give notice etc

what area are you in?maybe someone on here can help you?

so have your rang your nanny,given notice and said that 4 weeks money will be in the post with a letter or else he will be coming in tomorrow?

have you managed to arrange childcare for tomorrow, or can you take a few days off to sort a temp while looking for mary poppins

Having a nanny to look after your children is an emotional issue - so much different from being an employer/boss working in an office.

You are behaving in a responsible mature way PP, and doing things the right way.

Having and choosing a bad nanny/Cm/nursery etc, certainly does NOT make you a bad parent - you did what you thought was best at your children at that time.

Now things have come to light, you are dealing with them prefessionally.

I really hope that you find a lovely nanny who ALL your children feel happy with.

Things may have got a bit out of heand in some peoples opinions but I guess as mothers we feel strongly about a child being mistreated.

I agree Looneytune - PP came on,asked for advice, said she is getting rid of nanny and everyone jumps on her as she is trying to get rid of the nanny without any legal come backs.

I still think legally you cant sack/dismiss the nanny for the force feeding BECAUSE DH was there at the time, and DIDNT say anything.

But you can give notice ( as PP said she is going to do ) and pay the nanny the 4 weeks,rather than get them to work the notice period

I feel a bit sorry for the OP tbh. She's come on for advice, said over and over she's sacking the nanny and is just trying to get it clear in her head before calling him. Her delaying the phone call to have it clear in her head is NOT putting her children at any more risk! Just because we're seeing her talk of the legalities on here doens't mean she's not fuming and in a right state at home about the whole thing. It's just that the advice she needs now is the legal side and that's what she's asking about.

I totally agree with what everyone has said about getting shot asap and all that, just feel like she's being given a really hard time about it all.

PP - hope you get it sorted. Let us know how you get on

Maybe people were suggesting this wasn't real because most normal parents would be concentrating on getting shot of a cruel, abusive nanny than trying to make sure they aren't sued for not following procedures. I don't think the nanny followed procedures did he?

Sack the nanny over the phone.

Tell him why.

Let him try and sue you.

End of.

read most of the posts pp ,hope you find a better nanny whom is loving and kind to your dc.i used to be nanny ,my charges would run back to table to eat breakfast but telling mum and dad "my donna here now im a good boy".He wasnt frightened of me he was my little angel!!!!!!

PP is getting rid of her nanny,she has said several times she was - that is not the issue here now

more how to do it legally iyswim

this is madness

sack the nanny instantly

let him/her try to sue you when your own husband witnessed force feeding

it is ridicolous

and report to the agency

at the end of the day, you might lose a few quid if the nanny sues, and wins ( unlikely) but your child will be safe

sack the nanny.

Tell him that you never want to see or hear from him again and that you are seeking legal advice with regards to child abuse/gross misconduct.

I'm sorry but if someone force fed one of my children or gave them medicine without my permission or knowledge there is no way I would have them any where near me or my family again.

Possiblyparanoid - did uget it sorted with ur nanny, what area are you just out of curiousity

How old is the child that he gave tablets too ??

Tbh I very much doubt that confronted with what you know he has been doing, the nanny will take it any further if you tell him to fuck off and never come near your family again.

OMG - he gave your child tablets and didnt mention it

i give my charges medicine,ie calpol/nurofen if teething/ill etc and have been known to give piriton if stung by wasp/hayfever/rash/allegy and wouldnt phone my mb to check with her if it was ok as i asked at interview so know not allergic etc, plus i know she TRUSTS me to do what is best for her child at that time, but i would DEF MENTION IT to her that evening, or send a text just saying XXX got stung, have given piraton

Why did he give it to your child - was there a valid reason, like i described above?

Are you at least going to tell the agency what he has done to your children?